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FREEPORT SULPHUR CO. v. S/S HERMOSA

No. 74-1581.

526 F.2d 300 (1976)

FREEPORT SULPHUR COMPANY, Plaintiff-Appellee, v. The S/S HERMOSA, her engines, tackle, apparel, furniture, etc., in rem, et al., Defendants, Pansuiza Compania de Navigacion S. A., in personam, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted April 30, 1976.

Attorney(s) appearing for the Case

Walter Carroll, Jr., New Orleans, La., for defendant-appellant.

James B. Kemp, Jr., Richmond Eustis, John W. Sims, New Orleans, La., for plaintiff-appellee.

Before WISDOM, SIMPSON and RONEY, Circuit Judges.

Rehearing En Banc Granted April 30, 1976.

WISDOM, Circuit Judge:

During the early morning hours of March 21, 1971, the S. S. Hermosa, while attempting to moor at a dock owned by the Freeport Sulphur Company (Freeport), struck the upstream end of the dock, causing severe damage to the structure. The district court held the shipowner, Pansuiza Compania de Navigacion, S. A. (Pansuiza), liable. Freeport Sulphur Co. v. S/S Hermosa, E.D.La.1973,

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